How to Avoid Fighting Over the House – A Guide for Life Partners “An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it...
Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren “Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight...
Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue “The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long...
A R4.25m Warning to Choose Your Conveyancer With Care “Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA...
Can a Body Corporate Cut the Power? It’s Complicated “A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good...
Fixed Term Contracts: A Guide for Employers and Employees It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an agreed end date....
BFFs no More: The Verbal Agreement That Cost R1 Million “My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and...
When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse “Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in...
Verify Banking Details Before Paying Any Invoice – You’re at Risk, Not the Creditor “An ounce of prevention is worth a pound of cure.” (Benjamin Franklin’s warning to fire-threatened Philadelphians in 1736) Cases of Business Email Compromise (BEC) fraud continue to surge, and recent High Court decisions have confirmed that it’s up to you to...
Disclaimer Notices: How to Strengthen Yours “The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels, sporting venues and the like. Usually,...
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